This morning, Judge Hurd in the Northern District of New York vacated SRO decision 08-005, the second of two SRO cases in which Paul Kelly deemed that there was no authority under state or federal law for school districts to provide special education services to home schooled kids. Although Education Law §3602-c has been amended to now expressly afford home schoolers a limited right to special education services, this Court decision is still of importance to those families who were impacted by Kelly’s decisions.
B.C. v. Colton-Pierrepont, 7:08-cv-00362, N.D.N.Y. 11/21/08.
Note that this decision was vacated by the 2nd Circuit on December 21, 2009. The Court found that the matter was moot.
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